The duke of Orleans protest against the Will.III. to congratulate the new king; but, however, the duke of 1700. Orleans, the king of France's only brother, and his fon the duke of Chartres, protefted against the will, because the archduke was put next in the fucceffion to the duke of Berry; and his fon whereas they alledged, that the duke of Orleans and his heirs ought to come before him, as younger fon of Anne of Auftria, whofe renunciation could be of no more force than that of Maria-Terefa. However, this was no obftruction to the new king's setting out for Spain, which he accordingly did on the 4th of December, accompanied by his two brothers, who went with him as far as the frontiers of that kingdom (a). will. Ibid. (a) This account may be compared with the following letter. An thofe two kingdoms, in relation to the trade of the Levant; befides that none of the princes, that the treaty has been com The earl of Manchefter to the municated to, have promised earl of Jersey. Paris, Nov. 12, 1700. I am just come from Fontainebleau, where I received yours of October 28, concerning the duke of Savoy; but I muft now acquaint you, that there is an end of our treaty. This morning I was with monfieur de Torcy, who began with faying, That he did not doubt I was fenfible, that fince they had an account of the king of Spain's death, and the difpofition he had made by his will, great difficulties muft have arifen: That the king had well confidered the occafion and intent of the late treaty with England, &c. which was to prevent a war in Europe. That the emperor not having figned, and the duke of Savoy actually refufing to accept of Naples and Sicily; that there having appeared difcontentments both in England and Holland against the French being mafters of more than a bare neutrality; the king could not but think there was a neceffity of accepting what the will of the king of Spain declared in favour of the duke of Anjou. Then he read to me the motives, which he had drawn up, that I might the better inform his majesty. I defired he would let me take the copy, which I fend your lordfhip, and moft, that paffed, is contained in it. You may eafily imagine I had little to fay, when he told me of the refolution the king had taken. It is certain, that the proceedings of the emperor have put them in fome measure on this neceffity, for monfieur de Torcy observed to me, that, if the king had refufed, the archduke had then a double title, viz. that of Philip IV. and that of the late king's will: And he could not tell but the Spanish ambaffador had orders to fend word to Vienna, that, the moment the emperor confented to the treaty, the duke of Savoy had a good title; An exprefs of the king of France's accepting the will being Will.III. fent to the count de Briord at the Hague, he immediately 1700. went to the penfionary, and, purfuant to the orders he had received, told him, that his mafter, having taken into confi- The king deration the prefent fituation of affairs, and fecing the empe- refolution ror had not acceded to the treaty, nor but few of the nor- notified to thern the States Nov. 18. Lambert, title; and this humour is fo well known, that we are fure he would not let flip fuch an opportunity; and then there must have been a war, not likely to be foon ended, whatever the fuccefs would be: That the whole kingdom must be conquered, the Spaniards being intirely against dividing their monarchy. That the fhips, we and Holland were to furnish, would not be fufficient for fuch a war: That it was very doubt ful, whether England and Holland would engage themselves in a greater expence; which muft neceffarily be the confequence. That it was certain, that the treaty was more advantageous to France, and was what the king could have wished. He then ended, faying, That the king hoped, that the ftrength of these reasons would fo far prevail with the king, our master, that there might be fill the fame good understanding as ever; which was fo neceflary for the good and quiet of Europe. I made no other anfwer, than that I would faithfully acquaint the king with what he faid to me, by order, on this fubject. I only asked him, If I might have a copy of the will. He faid, he would first afk the king, and then fend it me, It will, now, be feen public. I have already acquainted Mr. fecretary Vernon with the fubftance of France's of it; but, for fear my fer- 1. 193. vant, whom I dispatched on the 9th, fhould not be arrived, I now repeat, that the difpofition of the will is in favour of the duke of Anjou, and his heirs, &c. The account of the king of Spain's death came on Tuesday, the 9th, about one o'clock in the afternoon; and, at three, there was a council in madam de Maintenon's lodgings; at which fhe was prefent, with the chancellor, the duke de Beauvillier, and monfieur de Torcy, The Dauphin was out a-hunt, ing. The next morning, there was another council, in the fame manner, when the Dauphin was prefent. Monfieur Blecourt had fent a copy of the will, which the regents had given him. On the 10th, the Spanish ambaffador received a courier, with or ders to notify the king's death. He had a letter alfo for this king, figned by the regents; and the queen's name was firft. He went ftrait to monfieur de Torcy; and, that night, there was another council, where the matter was determined, as I fuppofe. On the 11th the Spanish ambaffador had a private audience, when the will was read, all over, to the king; who declared, he accepted it. Soon after this, the Spanish ambafiador fent a courier for Spain: and there is no doubt, but, as Will.III. thern princes, and that the king of England was uneafy at 1700. Sicily being in the hands of the French, he had, after two foon as he arrives, the duke of of Anjou will be proclaimed. I did perceive, that this would be their refolution; but monfieur de Torcy did not explain himfelf to me, till this morning. The king will not declare it till on Monday next, when he will be at Verfailles; and, I believe, the duke of Anjou will, foon after that, go for Spain. Monfieur de Tallard defired me to let you know, That he fhould have fent the account of the king of Spain's death, as he promifed; but that I did. He tells me, he has orders to be ready; and fays, he fhall foon be in England. I think, he ought to go. As to what is to be judged at this court, by their looks, I did perceive, that, the moment this refolution was taken, the king was very civil; but looked always much concerned, whenever I came near him. It is, without difpute, by the queen's figning, that he has been all along in the French intereft, whatever the feemed to the emperor's minifter. And, if the prefent pofture of affairs is confidered, as fhe was hated by all, this was the only way to fave herself; and it was fo managed, that, in June laft, the king of Spain figned a will in favour of the archduke; which was fent to Vienna. That made the emperor proceed as he did. Befides, they have never obliged her in any thing fhe defired. The king of Spain cancelled that, and made this on the zd of October. Monfieur Zinzendorf told me this in difcourfe; days and he would not believe what he fees, now, to be poffible; though he does not yet know, that the French king has accepted the will. I cannot tell what refolution the king will take; and I am far from giving any opinion, though, if your lordship will permit me, I cannot see but we must acquiefee. You are fenfible of the pofture of our affairs, and of the difcontent there was in England against the treaty, infomuch that my lord Portland, and all, that were concerned in it, were the next feffions to be facrificed, if poffible. I am fatisfied, that this was the defign; whether the parliament will approve of it, is what I cannot fay. I must defire of your lordship, that you fend my inftructions in French, efpecially if I am to have an audience of the king, that fo I may make use of the fame expreffions, which I will punctually obferve. This is fo nice a matter, and of fo great a confequence, that you will forgive me, when I defire it. It is obfervable, that, not long after the king of France's accepting the will, he caused letters patents to be registered in the parliament of Paris, to preferve to the king of Spain, his grandfon, his right to the crown of France, in cafe the duke of Burgundy, his elder brother, died without heirs. These letters were given in December; but were not fealed till January, nor registered till the ift of February. They were, fays Lam bert, days mature deliberation, refolved to yield to the defires of Will. III. the Spaniards, and give them the duke of Anjou for king. 1700. My master (added he) is very fenfible he fhall be a great lofer by it; but he had rather renounce the advantages which would accrue to his crown by the treaty of partition, than give occafion for a war to the disturbance of all Europe; and therefore hopes his refolution will be approved, as being conducive to the public tranquillity. The penfionary was struck with this, and made ftrong but fruitlefs remonftrances against it to count Briord. The reafon of the count's fpeaking of king William's uneafinefs about Sicily, was, because the king, before his departure for England, had proposed the giving it to the elector of Bavaria, for fear (faid Briord) the parliament might be difgufted, if it remained to France, on account of the Levant trade, which might be obstructed by it. The day after this notification, the States-general met earlier then ufual to confider of it, but came to no refolution, because they wanted to know king William's intentions. However, after many confultations, they fent orders to Heemskerke, their ambaffador at Paris, to reprefent it in a memorial, that they did not expect the refolution which his moft Chriftian majefty had taken of accepting the king of Spain's will, contrary to the late treaty; and hoped, that as the time for the emperor's acceding was not yet expired, and as they had, upon news of the king of Spain's death, renewed their inftances to him, his majesty would take the matter into confideration again, and adhere to the treaty in every article. To this memorial a very long anfwer was fent to the States, which was alfo difpatched with the king of France's refolution to all the courts of Europe, the fubftance whereof was, That the king of France confidered chiefly what was the principal defign of the treaty, namely, to maintain the peace of Europe; and therefore, to purfue this, he departed from the words of the treaty, but adhered to the Spirit, and chief intent of it. This infamous excufe, for fo notorious a breach of faith, feemed to be an equivocation of fo grofs a nature, that it looked like the invention of a Jefuit confeffor, adding impudence to perjury. With this answer the king of France fent a letter to the States, wherein bert, (I. 388.) not only contrary to the renunciation of MariaTerefa, but may moreover, one day, occafion difputes, to fet afide the famous, but trifling Their me morial upon it, Nov. 25. bid. Will.III. he told them, that the peace of Europe was fo firmly efta1700. blifhed by the king of Spain's will in favour of his grandson, that he did not doubt their approbation of his acceffion to the Spanish crown. To this letter the States did not return an anfwer till the 8th of December, wherein they hoped, that his majefty would confider, that they could not immediately declare upon an affair of fo great moment, without confulting their refpective provinces. Befides, it was a matter which concerned in common both themselves and his Britannic majefty, and confequently they could not act with out his concurrence. This letter being delivered to the king of France by monfieur Heemfkerke, he replied, That the States did well to wait for the refolution of their provinces, according to the conftitution of their government, and hoped their refolution would be agreeable to his wishes. In the mean time, he should be ready to concur in whatever the States fhould defire, for the fecurity of the Spanish Netherlands. The Spa niards throw Thefe fair words were by no means fatisfactory to the States, efpecially when they confidered the haughty expreffions in the long answer, not fit to be used to a fovereign ftate. Soon after don Bernardo, the Spanish ambassador, received a letter from the new king for the States, dated December 18, at Poitiers. When this letter was offered to the States, the prefident of the week made fome scruple to receive it, and defired the ambaffador to stay a few days before he delivered it. But, being told that it was ordered to be immediately presented, the president received it, adding, that it must not be thought ftrange, if the States did not an fwer it fo foon as expected (b). During thefe tranfactions at the Hague, the Spaniards feethemfelves ing themfelves threatened with a war from the emperor, who declared against both the treaty and will, and apprehending into the hands of the French. Burnet. (b) While the States were thus delaying to declare themfelves, an accident happened, by which they gained fome time. Briord, after a public audience, having invited to dinner, according to custom, fome of the members of the States-general, and the entertainment lafting a good while, he wanted to make But thinking it uncivil to rife from table on that ac water. count, he brought upon himself a ftoppage of urine, which was like to have killed him. Surgeons were fent for from Amfterdam, but, the indifpofition continuing, an exprefs was difpatched to Verfailles, and count d'Avaux was fent to carry on the negotiations. However, by this means above a month was gained, for d'Avaux did not come till Feb. 6. N. S. that |